Shiu Narayan v. Immigration and Naturalization Service

82 F.3d 423 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Shiu NARAYAN, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70796. United States Court of Appeals, Ninth Circuit. Submitted March 15, 1996. * Decided April 10, 1996. 1 Before: THOMPSON and KLEINFELD, Circuit Judges, and WILSON, District Judge. ** 2 MEMORANDUM *** 3 Petitioner Shiu Narayan ("Narayan") is a 34 year old native of Fiji. On December 28, 1986, Narayan entered the United States without inspection. On December 7, 1990, the immigration judge ("IJ") found Narayan deportable pursuant to 8 U.S.C. § 1251 (a)(2). The IJ also denied Narayan's applications for asylum and withholding of deportation pursuant to 8 U.S.C. §§ 1158 (a) and 1253(h). The IJ granted Narayan voluntary departure under 8 U.S.C. § 1254 (e). Narayan appealed the IJ's decision to the BIA. On October 31, 1994, the BIA dismissed the appeal, but extended the time for voluntary departure. Narayan now…